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A Qantas flight attendant lost his dream job when he become so drunk in a New York bar while off duty that he collapsed and had to be rushed to hospital, costing Qantas about AUD 20,000, the Fair Work Commission has heard.

The Fair Work Commission ruled in Sydney last week that Qantas was not unfair in sacking flight attendant Luke Urso, because Qantas employees had a duty to be “ready and able” to work.

The background, laid out before Commission, included the following points:

  • In early July 2017, Urso underwent heart surgery to correct an irregular heartbeat. On 19 July 2017, his cardiologist certified him as being fit to return to pre-injury work. The next day Urso commenced operating on a seven-day flight service (known as a “pattern”) for the sectors Brisbane-Los Angeles-New York- Los Angeles-Brisbane.
  • The Brisbane-based Service and Performance Manager of Cabin Crew Australia (QCCA, a subsidiary of Qantas) told Urso before starting the pattern to “make sure you take it easy on this trip”, given that Urso had just returned from a month’s leave after surgery.
  • After arriving in New York on 22 July 2017, Urso visited the 230 Fifth Rooftop Bar in New York between 10pm and 10.30pm and consumed alcohol with another crew member. Urso said he consumed two peach martinis and three gin and tonics.
  • At about 11.40pm his colleague found Urso collapsed and vomiting on the floor of the bar’s toilets. Urso was rushed to Greenwich Hospital in New York by ambulance about midnight and discharged from hospital early next morning.
  • While in the hospital, various tests including a toxicology report were undertaken. The toxicology report recorded that Urso had a blood alcohol level of 0.205%.
  • Urso was due to operate the flight back to Los Angeles which departed at 5.10pm the following afternoon. He advised his manager that he was still feeling unwell and did not attend. He subsequently flew to Los Angeles as a passenger on 25 July and returned to Brisbane on 27 July.

QCCA said the episode had cost it about AUD 20,000 in hospital fees.

Urso had stated he drank only five drinks, the bartender had free-poured them, his colleague who had accompanied him to the bar had consumed the same drinks there and was not affected. Urso believed his drink might have been spiked.

Urso said that working as a flight attendant was his dream, he enjoyed working for Qantas, he wanted to be reinstated and was prepared to pay the costs of all the treatment provided to him in New York by way of deduction from his salary or a payment plan.

QCCA submitted that Urso’s behaviour amounted to a valid reason for his dismissal, being “not a ‘trivial misdemeanour’, but rather misconduct of a level which clearly establishes a valid reason for termination”.

FWC deputy president Lyndall Dean said the evidence did not allow her to make a finding with any certainty as to the exact quantity of alcohol Urso consumed.

“What is clear however is that he drank a sufficiently large quantity of alcohol to record a BAC [blood alcohol content] of 0.205% some three hours after his last alcoholic drink (and after having vomited), and in circumstances where he knew the importance of reporting for duty at the requisite time.

“One would think that Mr Urso, having just undergone a heart surgery, would have been cautious as to his alcohol consumption, particularly where concern was expressed from his manager regarding his wellbeing during his first long haul trip after returning from sick leave.”

Urso had consumed the alcohol voluntarily and had “conducted himself in a manner which placed himself in a heavily intoxicated state,” deputy president Dean said.

“Having considered the material before me, I am not convinced, on balance, that Mr Urso was a victim of drink spiking. It is a speculative claim that is not supported by any evidence.”

“After a careful consideration of all the mitigating factors put forward by Mr Urso and in the circumstances of this matter, and for the reasons set out earlier, I am unable to conclude that his dismissal by QCCA was unfair and I do not consider his dismissal was disproportionate to the gravity of the misconduct in respect of which QCCA acted.”

Accordingly, deputy president Dean dismissed Urso’s application for an unfair dismissal remedy.

The full decision can be read on the Fair Work Commission’s website here.

Written by Peter Needham